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3. beneficial consumptive uses, present or future, as specifi- cally provided in the a'Mahoney-Millikin Amendment. Down- stream water requirements for domestic and municipal water supply and stream sanitation are also provided for, in accordance with the specific policy resolution adopted by the Missouri Inter-Agency Committee at its 38th meeting, on March 23, 1950. The water remaininq after the require- ments have been fully met is then regulated so that the outflow from Fort Randall and Gavins Point dams adequately supplies the seasonal requirements for navigation. The entire reservoir system is then regulated internally and minor adjustments are made in the outflow from the system to provide for the generation of the maximum amount of power consistant with the previously-cited uses, in accordance with the specific provisions of Senate Document No. 247 quoted above. Other functions, such as recreation and fish and wildlife, are also a definite factor in the operation planning, but are necessarily lower in priority." (emphasis supplied) General Keith R. Barney, Division Engineer, Corps of Engineers, after quoting Sec. l(b) of the 1944 Act, stated the understandings in the basin on the current matter as follows (presentation--Missouri Basin Inter-Agency Committee, April, 1960, Grand Forks, North Dakota): "The Corps of Engineers understands this provision as expressing the intent of Congress that, in the operation ......~ &......:J..........::"" .,._........... _............................... .....~....~.........."-... ........:,..: .....:__ ..~......__ -- ------- ..---- --....------ r--.J-............. _..._-_........~.::J n____.... arising in the western States, beneficial consumptive use of these waters in these states, the cited purposes shall be given, priority over use of these waters for navigation whenever water shortages develop. The siqnificance of this provision is the restriction it places on any riqht the Federal Government ~iqht othen~ise have to prevent the use of upstream waters for beneficial consumptive purposes when such waters are needed for the use of naviqation in con~ection with the ooeration and maintenance of works authorized sub"lect to this provision." (emphasis supplied). 5/ The question remains concerning application of the federal reclamation laws to non-federal-project irrigation use of Missouri River water. Bases for application of the pertinent portion of these laws are not supported by the evidence, briefly summarized as follows: 1. Prior rights for such non-federal-project use of water exist by virtue of acts of Congress. 2. Water supplies for such non-federal-project use of water exist in actual Missouri River flows of water without benefit of storage of water in Corps reservoirs pursuant to Congressional policy,. 3. Investments in non-federal-project irrigation works for diversion, carriage, delivery, and distribution of irriga- tion ~ater are private investments entirely separate from Congressional appropriations for accomplishment of the authorized federal development.